2004 Legislation
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SENATE BILL NO. 1357 – Charter schools, financial support


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Bill Status

S1357..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to revise the per student support
calculation for charter schools.
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Educ

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                       IN THE SENATE
                                    SENATE BILL NO. 1357
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION  1.  That  Section 33-5208, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  7        33-5208.  CHARTER SCHOOL FINANCIAL SUPPORT.  From  the  state  educational
  8    support  program  the  state  department of education shall make the following
  9    apportionment to each charter school for each fiscal year based on  attendance
 10    figures submitted in a manner and time as required by the department of educa-
 11    tion:
 12        (1)  Per  student  support.  Computation of support units for each charter
 13    school shall be calculated as if it were a separate school  according  to  the
 14    schedules  in section 33-1002 6., Idaho Code, except that charter schools with
 15    fewer than one hundred (100) secondary ADA shall use a divisor of twelve  (12)
 16    and  the  minimum units shall not apply within the granting district. Students
 17    of the charter school shall not generate  more  nor  fewer  units  than  those
 18    allowed by section 33-1002 6., Idaho Code, as calculated for the granting dis-
 19    trict.  For  charter schools existing prior to July 1, 2004, the unit calcula-
 20    tion change shall be phased in over three (3) years. For fiscal year  2004-05,
 21    units  shall  be calculated as allowed prior to July 1, 2004, then compared to
 22    the unit calculation made as if the charter school were included in the grant-
 23    ing district. Fifty percent (50%) of any difference in units will  be  imposed
 24    immediately.  In fiscal year 2005-06, the unit difference will be imposed at a
 25    rate of seventy-five percent (75%). In fiscal year 2006-07 and thereafter, the
 26    unit divisors shall be equal  to  the  granting  district.  For  new  charters
 27    approved  after  July  1,  2004,  the  unit  divisors shall be the same as the
 28    divisors of the granting district. Funding from the state educational  support
 29    program shall be equal to the total distribution factor, plus the salary-based
 30    apportionment provided in chapter 10, title 33, Idaho Code.
 31        (2)  Special  education.  For  each student enrolled in the charter school
 32    who is entitled to special education services, the  state  and  federal  funds
 33    from  the exceptional child education program for that student that would have
 34    been apportioned for that student to the school district in which the  charter
 35    school is located.
 36        (3)  Alternative  school  support.  Charter  schools may qualify under the
 37    provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the  charter
 38    school  meets  the  necessary statutory requirements, and students qualify for
 39    attendance at an alternative school as provided by rule of the state board  of
 40    education.
 41        (4)  Transportation  support.  Support shall be paid to the charter school
 42    as provided in chapter 15, title 33, Idaho Code, and  section  33-1006,  Idaho
 43    Code.  Each  charter  school  shall  furnish the department with an enrollment
  1    count as of the first Friday in November, of charter  school  students  living
  2    more than one and one-half (1 1/2) miles from the school.
  3        (5)  Payment  schedule. The state department of education is authorized to
  4    make an advance payment of twenty-five percent (25%)  of  a  charter  school's
  5    estimated  annual apportionment for its first year of operation, and each year
  6    thereafter, provided the charter school has an increase of student  population
  7    in  any given year of twenty (20) students  or more, to assist the school with
  8    initial start-up costs or payroll obligations.
  9        (a)  For a state charter school to receive the advance payment, the school
 10        shall submit its anticipated fall membership for each grade level  to  the
 11        state department of education by June 1.
 12        (b)  Using  the  figures  provided  by the school, the state department of
 13        education shall determine an estimated annual apportionment from which the
 14        amount of the advance payment shall be calculated. Advance  payment  shall
 15        be made to the school on or after July 1 but no later than July 31.
 16        (c)  All  subsequent  payments,  taking  into account the one-time advance
 17        payment made for the first year of operation, shall be made to the charter
 18        school in the same manner as other public schools in accordance  with  the
 19        provisions of section 33-1009, Idaho Code.
 20    A  charter school shall comply with all applicable fiscal requirements of law,
 21    except that the following  provisions  shall  not  be  applicable  to  charter
 22    schools: section 33-1003B, Idaho Code, relating to guaranteed minimum support;
 23    that  portion  of  section  33-1004,  Idaho Code, relating to reduction of the
 24    administrative and instructional staff allowance when there is  a  discrepancy
 25    between  the  number  allowed  and  the  number actually employed; and section
 26    33-1004E, Idaho Code, for calculation of district staff indices.
 27        (6)  Nothing in this chapter shall be construed to  prohibit  any  private
 28    person or organization from providing funding or other financial assistance to
 29    the establishment or operation of a charter school.
 30        (7)  Nothing  in this chapter shall prevent a charter school from applying
 31    for federal grant moneys.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 14125 

Section 33-5208 (1) Currently, charter school state funding is calculated as if 
charters are small school districts. This creates a disproportionate per student 
funding allowance over other districts. This bill amends existing law to clarify 
that charter schools will be funded as if they are a school within the granting 
district, providing for equitable funding for all schools. 

                          FISCAL IMPACT

Name: Bob Henry 
Phone: 466-2662
Name: Jon Allen
Phone: 468-4600

STATEMENT OF PURPOSE/FISCAL NOTE                     S 1357